Copyright Watchdog® - Call us if you received a legal demand letter or notice of a copyright lawsuit from Chappell Music Corp. We can be reached at (877) 276-5084.
Introduction
Who is Chappell Music Corp?
According to Wikipedia:
"Warner Chappell Music, Inc. is an American music publishing company and a subsidiary of the Warner Music Group. Warner Chappell Music's catalog consists of over 1.4 million compositions and 100,000 composers, with offices in over 40 countries"
Allegations in complaint
Here are a few of the allegations set forth in one copyright complaint I reviewed.
- Plaintiffs allege three (3) causes of action for copyright infringement based on the Defendants' public performances of Plaintiffs' copyrighted musical compositions. SCHEDULE A, annexed to the Complaint, sets forth in summary form the allegations hereinafter made with respect to the Plaintiffs, their copyrighted musical compositions, and Defendants' acts of infringement.
- The Plaintiffs are all members of the American Society of Composers, Authors, and Publishers (“ASCAP”), a membership association that represents, licenses, and protects the public performance rights of its more than 875,000 songwriter, composer, and music publisher members.
- Each ASCAP member grants to ASCAP a non-exclusive right to license the performing rights in that member's copyrighted musical compositions. On behalf of its members, ASCAP licenses public performances of its members' musical works, collects license fees associated with those performances, and distributes royalties to its members, less ASCAP's operating expenses.
- In undertaking the conduct complained of in this action, Defendants knowingly and intentionally violated Plaintiffs' rights. Defendants' knowledge and intent are established by the following facts:
(a) Defendants entered into a license agreement for Fable Lounge with ASCAP, effective November 1, 2016.
(b) Defendants, however, failed to pay license fees as required by the license agreement.
- Because of Defendants' failure to pay license fees due, on December 31, 2021, upon written notice, ASCAP terminated the agreement for default.
- Since termination of the Fable Lounge ASCAP license, ASCAP has attempted to contact the Defendants, or its representatives, agents, or employees, to offer to relicense Fable Lounge, upon payment of the outstanding fees owed to ASCAP.
- Defendants have refused all of ASCAP's offers to relicense Fable Lounge.
- ASCAP's various communications offering to relicense Fable Lounge gave Defendants notice that unauthorized performances of ASCAP's members' musical compositions at the establishment constitute copyright infringement.
- Notwithstanding the foregoing, Defendants have continued to present public performances of the copyrighted musical compositions of ASCAP members at Fable Lounge, including the copyrighted works involved in this action, without permission, during the hours that the establishment is open to the public for business and presenting musical entertainment.
- That Defendants be decreed to pay such statutory damages as to the Court shall appear just, as specified in 17 U.S.C. § 504(c)(1), namely, not more than Thirty Thousand Dollars ($30,000) nor less than Seven Hundred And Fifty Dollars ($750) in each cause of action herein.
- That Defendants be decreed to pay the costs of this action and that a reasonable attorney's fee be allowed as part of the costs.
States where Chappel has filed copyright lawsuits
Chappell Music Corp. has filed copying infringement cases all around the United States, here are a few:
- Oregon
- Utah
- Pennsylvania
- Tennessee
- Michigan
- North Carolina
- Texas
- Kansas
- Nevada
- New Hamshire
- Florida
- Maryland
Contact a federal copyright law firm
Our Copyright-focused law firm can assist with music infringement and unlawful performance cases brought by individual artists, and with ASCAP, BMI, or other music rights organizations.
Copyright law is a federal matter. We can help clients nationwide in these copyright disputes. Call us if you receive notice of a dispute, we can help. In this specialized area of law, it is important to hire experienced legal counsel. Take a look at our sterling client reviews (many have done the due diligence for your). We offer low flat rate fees to settle these cases. We can be reached at (877) 276-5084 or fill out our contact form and we will contact you.
Keep in mind, Unicourt.com has identified Vondran Legal® as the #1 copyright infringement defense firm IN THE UNITED STATES (for 2020, 2021 and waiting to hear on 2022), in terms of cases handled.
